Dhupsingh vs Union Of India Narcotics Control ...
2021 Latest Caselaw 908 MP

      :1:                               Cr.A.No.134-2021

THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                            Cr.A.No.134-2021
            (Dhupsingh and Suresh Kumar vs. State of M.P.)
Indore, Dated: 19.03.2021
          Shri N.J. Dave, learned counsel for the appellants.

          Shri    Manonj      Soni,     learned      counsel    for     the

respondent/Narcotic Control Bureau.

Heard on the question of admission.

Appeal is admitted for hearing.

Record of the trial court is available.

Also heard on I.A. No.147/2021, which is an application

filed under Section 389(1) of the Cr.P.C. for suspension of jail

sentence of the appellants Dhupsingh and Suresh Kumar.

The appellants have been convicted and sentenced by the

Special Judge (N.D.P.S.Act), Neemuch vide judgment dated

24/12/2020 passed in S.C. No.23/2015 as under:

Name of the         conviction        Sentence      Fine       In lie
appellants                                          amount
Dhupsingh           u/S 8/18 (C)      13 months     Rs.25000/- 3 months RI
                    NDPS Act          R.I.
Suresh Kumar        u/S 8/18 (C)      13 months Rs.25000/- 3 months RI
                    NDPS Act          R.I.
                    u/S 8/25 (C)      13 months Rs.25,000/ 3 months RI
                    NDPS Act          R.I.

Learned counsel for the appellants has submitted that the

appellants were on bail and they did not misuse the liberty so granted

to them. There are fair chances of success of this appeal and there is

no likelihood of hearing of the appeal in near future and if the

custodial sentence of the appellants are not suspended then the appeal :2: Cr.A.No.134-2021

filed by them may turn infructuous. Under these circumstances,

learned counsel for the appellants prays for suspension of remaining

custodial sentence and grant of bail to the appellants.

On the other hand, learned counsel for the State/respondent has

opposed the prayer and prayed for rejection of the application.

Considering the submissions made on behalf of the parties and

facts and circumstances of the case, it would be appropriate to suspend

the jail sentence of the appellants.

Accordingly, I.A. Nos.147/2021 is allowed and it is directed

that on furnishing personal bond by the appellants in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each with one separate

solvent surety in the like amount to the satisfaction of the learned trial

Court, for their regular appearance before the concerned trial Court,

the execution of custodial part of the remaining sentence imposed

against the appellants shall remain suspended, till the final disposal of

this appeal.

The appellants, after being enlarged on bail, shall mark

their presence before the concerned trial Court on 07/05/2021 and

on all such subsequent dates, which are fixed in this regard by the

concerned trial Court.

(Subodh Abhyankar) Judge moni

Digitally signed by Moni Raju Date: 2021.03.19 15:13:55 +05'30'